Tech
Dutch Regulator Struggles to Process Cross-Border Digital Complaints Under EU Law
The Dutch Authority for Consumers and Markets (ACM) has reported significant challenges in handling cross-border complaints under the EU’s Digital Services Act (DSA), raising concerns about enforcement delays and regulatory gaps across the bloc.
In its 2024 annual report, released earlier this month, the ACM disclosed that it received 256 complaints concerning the conduct of online platforms. Of those, 156 involved companies based in other EU member states. However, nearly two-thirds of these — 96 complaints — remain unresolved due to technical and administrative obstacles.
According to the ACM, many of the complaints could not be forwarded to the appropriate Digital Services Coordinators (DSCs) in other EU countries because some national enforcement bodies are not yet operational or accessible. In other cases, additional information was requested from complainants but had not yet been provided.
The report stated: “They can’t be transmitted to other Digital Services Coordinators due to technical issues, such as non-existing DSCs. A small part is pending due to administrative issues.”
Of the complaints that were successfully transferred, 52 were sent to Ireland — the base of many major tech firms — while smaller numbers went to regulators in Germany, Luxembourg, Belgium, and Lithuania.
The DSA, which has applied to very large online platforms since 2023 and to smaller ones from February 2024, is a landmark piece of legislation intended to improve digital accountability and user protection. It requires platforms to assess and mitigate systemic risks, provide tools for content moderation, publish transparency reports, and establish advertising repositories.
Responsibility for enforcement is divided between the European Commission — which oversees the 25 largest platforms with more than 45 million monthly users — and national regulators, who are tasked with supervising smaller companies headquartered within their jurisdictions.
In the Netherlands, the ACM noted that none of the complaints involving Dutch platforms have progressed to formal investigations. This is due to delays in granting investigative powers and the lack of an approved implementation law from the Dutch Parliament.
Most of the complaints submitted to the ACM in 2024 concerned account restrictions and illegal content — issues that are central to the DSA’s user protection goals.
The challenges faced by the ACM are not unique. In May, the European Commission referred five countries — Czechia, Cyprus, Poland, Portugal, and Spain — to the EU Court of Justice for failing to implement the DSA correctly. Bulgaria was also warned to address compliance shortcomings within two months or face similar legal action.
The situation underscores the growing pains in rolling out the DSA across a fragmented regulatory landscape and highlights the need for faster coordination and implementation among EU member states.
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